Opinion
November 18, 1993
Appeal from the Supreme Court, Bronx County (Anita Florio, J.).
There is no merit to plaintiff's argument that she was not required to file a notice of claim because the bus she was on, owned by Westchester County and operated by defendant Liberty Lines Transit, was beyond the County line at the time of the accident. No plausible basis exists to construe such a circumstance as within the contractual limitation of liability clause or outside the scope of either the contractual or statutory indemnification provisions. Plaintiff's other argument that there was no need to serve a notice of claim because she did not sue the County is simply contrary to precedent (Coleman v Westchester St. Transp. Co., 57 N.Y.2d 734; Frazier v Liberty Lines Tr., 170 A.D.2d 304).
Concur — Carro, J.P., Rosenberger, Ellerin and Asch, JJ.